SC suspends triple talaq for 6 months, asks Parliament to make a law

Agencies
August 22, 2017

New Delhi, Aug 22: In a landmark judgment, the Supreme Court on Tuesday suspended the triple talaq verdict for the next six months with immediate effect. The top court also asked the Parliament to bring in the new law to govern the issue. Three out of five judges hearing the case have declared triple talaq as 'arbitary' and 'unconstitutional'.

A five-judge bench comprising of Chief Justice Jagdish Singh Khehar, Justice Kurian Joseph, Justice Rohinton Fali Nariman, Justice Uday Umesh Lalit and Justice S Abdul Nazeer – all from different religious communities including Sikh, Christian, Parsi, Hindu and Muslim – heard seven pleas, including five separate petitions, filed by Muslim women challenging the prevalent practice of triple talaq in the community.

Uttarakhand-based Shayara Bano was the first to file a petition in the Supreme Court of India challenging the constitutional validity of Triple talaq.

Expressing happiness on the judgement, Bano told Zee News, “I know the law of triple talaq cannot end. But the Supreme Court has ended the practice. It's a great judgment for Muslim women across the country and for our future generation.”

She further added, “There is no mention of teen talaq in Quraon. It's a fabrication of the society.”

“I have not even seen my children in the last two-three years. I don't know what's happening to them. I hope no one goes through such tremendous mental pressure. Because of triple talaq, children are suffering physical and mental harassment,” said Bano.

“Triple Talaq is a violation to equlity and the dignity of a woman,” said Monika Arora, Supreme Court advocate.

The judges had reserved its verdict on May 18 after a six-day marathon hearing during the summer vacation.

The Chief Justice of India (CJI) J S Khehar, while reading the judgement, said that "talaq-e-biddat is not in violation of articles 14,15, 21 and 25 of the Constitution."

He further said the talaq-e-biddat is an integral part of Sunni community, which is being practiced for the last 1000 years.

During the hearing, the top court observed that the practice of triple talaq was the "worst" and "not a desirable" form of dissolution of marriage among Muslims, even though there were schools of thought which called it "legal".

The Centre had told the bench that it introduce a new law to regulate the instant divorce practice among Muslims, if triple talaq is held invalid and unconstitutional by the top court.

The government had termed all the three forms of divorce among the Muslim community - talaq-e-biddat, talaq hasan and talaq ahsan, as "unilateral" and "extra-judicial"

As the Centre sought to flag the issue of gender equality of Muslim women vis-a-vis women in other religions and in Islamic countries, the All India Muslim Personal Law Board (AIMPLB) asked it to bring a law taking recourse to Article 25 (2)(b) of the Constitution that permits enactment of law invoking social reforms.

However, AIMPLB had cautioned the constitution bench that "testing the validity of customs and practices was a slippery slope" and cautioned the bench that "testing the validity of customs and practices was a slippery slope".

In the course of the hearing, the AIMPLB issued an advisory to telling the qazis to give an option to Muslim women to opt out of instant triple talaq before giving consent for nikah.

Senior advocate Kapil Sibal, appearing for All India Muslim Personal Law Board (AIMPLB), had equated the issue of triple talaq with the belief that Lord Rama was born in Ayodhya and these were matters of faith which cannot be tested on grounds of constitutional morality.

Comments

Close your eyes and think who created this, when i was close my eyes i can`t see anything and ask your creator to guide me in Right path , Don't blame Islam , blame yourself that you can`t identify your  creator.

Sangeeth
 - 
Tuesday, 22 Aug 2017

Dear Saleem, If you want to live in India, then you should follow Indian laws and rules. Any country like that only. I cant live in Saudi without following their rules. Modiji is doing right thing in that way...

Sandesh
 - 
Tuesday, 22 Aug 2017

True mr. unknown. "Islam not just a religion its a lifestlye for peaceful life BY DIVORCING WIFE VERBALLY JUST SAYING TALAQ"

Unknown
 - 
Tuesday, 22 Aug 2017

Islam not just a religion its a lifestlye for peaceful life

Saleem
 - 
Tuesday, 22 Aug 2017

SC cant decide our laws

Rakesh
 - 
Tuesday, 22 Aug 2017

Contradiction is in the case of PM

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News Network
May 18,2024

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Bengaluru: Karnataka Deputy Chief Minister D K Shivakumar and other state ministers on Saturday rubbished allegations about their role in the circulation of pen drives containing explicit videos involving Hassan MP Prajwal Revanna.

BJP leader and advocate G Devaraje Gowda, who is in custody after being arrested in a sexual abuse case and is also facing charges of video leak, on Friday alleged that Shivakumar and four other ministers are behind the circulation of the pen drives and was being fixed in false cases as he did not agree to be part of their plan.

He has even alleged that he was offered Rs 100 crore by Shivakumar to "bring a bad name" to the BJP and Prime Minister Narendra Modi, and to tarnish the image of JD(S) leader H D Kumaraswamy in Prajwal Revanna's obscene video case.

Speaking to reporters here, Shivakumar said, "Better, let him (Gowda) file a case before Lokayukta or any other agency. I think he has some problems mentally. I'm very sorry, the national and state media shouldn't have picked up such baseless allegations. A person who is in jail, how can he make such allegations? All these are baseless. I don't want to comment." 

Asked if he will be filing any defamation case against Gowda, he said, "I don't want to make any comment or speak on a person who is mentally sick. I appeal to his party people to get him a good treatment." Shivakumar also asserted that his government's commitment to get justice for women victims of the sexual abuse case, and expressed confidence about the Special Investigation Team's (SIT) ongoing probe.

While being taken from court in Hassan, Gowda on Friday spoke to media and alleged that Shivakumar is behind pen drive case, and a team of four Ministers -- N Chaluvarayaswamy, Krishna Byre Gowda, Priyank Kharge and another minister -- was formed to handle this, with an intention to bring bad name to BJP, PM Modi and Kumaraswamy.

He said Shivakumar had asked him to say that Kumaraswamy is behind the distribution of pen drives, but as he did not agree to it, he is being fixed in false cases.

Minister Priyank Kharge said Gowda has alleged that three responsible ministers in the state government were part of a team and that there was a conspiracy. "We will discuss whatever legal course, we will take it." 

"Devaraje Gowda might be doing this to defame Shivakumar and Siddaramaiah. If he had a Rs 100 crore offer, he should have told Amit Shah (Union Home Minister) and get it investigated. He could have got CBI, ED, or IT raids done. Why didn't he do it? Claims have been made that he (Gowda) was sent Rs 5 crore as advance at a club, let them get CCTV footage and see who were all there," Kharge said.

While speaking to reporters here, he further said Gowda is a lawyer. When he was deposed before the Judge he should have told about the documents he has and should have presented to the court.

Minister Chaluvarayaswamy said allegations about the role of Shivakumar and a team of ministers being formed to oversee the circulation of pen drives are 'baseless', and he questioned Gowda's morality to make such accusations.

"If Gowda proves that Chaluvarayaswamy, Priyank Kharge and Krishna Byre Gowda had held a meeting on this case and we as a team were given responsibility and we were involved in this case, I will apologise," he said and alleged that Gowda was being used to mislead and deviate from the main case of sexual abuse.

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News Network
May 6,2024

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The Israeli regime is forcibly evacuating Palestinians from the eastern part of Rafah in the southern Gaza Strip amid the prospect of its widely-discouraged ground invasion.

“The estimate is around 100,000 people,” an Israeli military spokesman told journalists on Monday when asked how many people were being evacuated.

International organizations, including the United Nations, have repeatedly warned the regime against invading the city, citing its hosting around 1.5 million Palestinian refugees.

UN Secretary-General Antonio Guterres said a ground assault on Rafah would “put the final nail in the coffin” for humanitarian aid operations in the Gaza Strip.

The UN Office for the Coordination of Humanitarian Affairs also said, “Any ground operation would mean more suffering and death,” with an official saying “It could be a slaughter of civilians.”

Multiple aid agencies, including the Norwegian Refugee Council, have likewise warned against a Rafah offensive.

The NRC said such an invasion “would profoundly exacerbate the already catastrophic levels of need and the humanitarian emergency for millions of civilians with nowhere left to go.”

The official alleged Hamas had killed three Israeli forces on Sunday, attacking them from Rafah.

The evacuation order came a sat least 22 people lost their lives in the regime’s airstrikes killed in Rafah earlier on Monday.

Rafah’s evacuation “is part of our plans to dismantle Hamas,” the Israeli spokesman added, referring to the Palestinian resistance movement that has been defending Gaza in the face of the war.

The Palestinians have fled there from the ravages of a war that the regime began waging against Gaza on October 7, following a retaliatory operation by the coastal sliver’s resistance groups.

At least 34,683 Palestinians, mostly women and children, have been killed and 78,018 others injured so far during the brutal military onslaught.

On Friday, Hossam Badran, a member of Hamas’ Political Bureau, said Israeli prime minister Benjamin Netanyahu’s insistence on carrying out a ground invasion of Rafah was a key stumbling block in negotiations aimed at a truce agreement.

The Israeli premier has said the regime would go ahead with invading the city “with or without” a truce.

Hamas has, however, asserted that the regime has failed to defeat the resistance during the war.

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News Network
May 7,2024

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Bengaluru: JD(S) leader H D Kumaraswamy has claimed that 25,000 pen drives with videos of women being sexually abused allegedly by his nephew, Lok Sabha election candidate Prajwal Revanna, were distributed before polls, and accused Chief Minister Siddaramaiah and his deputy D K Shivakumar of a conspiracy.

The former chief minister also sought to discredit the Special Investigation Team (SIT) formed by the Congress government on April 28 to probe the charges against Prajwal of sexually abusing several women after videos allegedly involving him started making the rounds on social media.

"It is not a Special Investigation Team but 'Siddaramaiah Investigation Team' and 'Shivakumar Investigation Team'," the JD(S) second-in-command, who is the son of party supremo and former prime minister H D Deve Gowda, said.

MLA H D Revanna and his son and Hassan MP Prajwal have been booked for allegedly molesting their cook. In another case, Revanna has been booked and arrested for allegedly kidnapping a woman who was allegedly sexually assaulted by Prajwal. A case of rape has also been registered against Prajwal.

Addressing a press conference here, Kumaraswamy said the pen drives were circulated by police officers who were "threatened to do it".

“It (pen drive carrying videos) was released in Bengaluru Rural constituency (where the Congress candidate in the Lok Sabha elections is D K Suresh, who is the brother of Shivakumar). This was an April 21 development. On April 22, Poornachandra, our polling agent, gave a complaint to the District Deputy Commissioner, who is the Returning Officer,” the JD(S) leader said.

“Poornachandra received a message at 8 pm on April 21 asking people to 'follow a WhatsApp channel to see Prajwal Revanna’s sleaze video'. There was a message on this WhatsApp channel, 'Countdown for the release of Prajwal’s sleaze videos'," Kumaraswamy further said.

According to Kumaraswamy, one Naveen Gowda had sent the message about the "countdown".

In his complaint to the Deputy Commissioner and the Superintendent of Police of Hassan district, Poornachandra has named five people including Naveen Gowda, Karthik Gowda (Revanna’s driver), Chethan and Puttaraju alias Putty, he said.

It has been more than a fortnight since the complaint made on April 21 but no action has been taken against these five people, Kumaraswamy said and demanded that they should first be arrested for "mortgaging the modesty" of women in the videos.

Kumaraswamy alleged that 25,000 pen drives were distributed in the entire state, and cited a report in a regional daily to support his claim.

“My question here is why no action was taken. If someone posts something on social media, immediately houses are searched and the person is made to sit in the police station. Why no action was taken against these five people despite a complaint?” he asked.

"Chief Minister Siddaramaiah had confidently said that all the three JD(S) candidates in the Lok Sabha elections will be defeated," Kumaraswamy said, adding, "It raises doubts about the involvement of many people."

On April 25, Karnataka State Commission for Women Chairperson Nagalakshmi Chowdhary wrote to Siddaramaiah demanding an SIT probe into the tapes where Prajwal is allegedly seen sexually abusing several women. The same night, the CM gave his nod and ordered the formation of a SIT, Kumaraswamy said.

“In that letter, Nagalakshmi Chowdhary did not mention the name of Prajwal or Revanna but the chief minister called it ‘Prajwal Revanna’s explicit videos’ in his post on X when he announced the formation of SIT. This shows how the conspiracy was hatched,” the JD(S) leader claimed.

He also alleged that the first complaint "framing" his brother H D Revanna and nephew Prajwal was typed on a computer in Bengaluru and was sent to Holenarasipura, which is represented in the Karnataka Legislative Assembly by Revanna, on April 28.

“It’s not a Special Investigation Team but there are two teams within it – one is ‘Siddaramaiah Investigation Team’ and another one is ‘Shivakumar Investigation Team’,” he charged.

He said the ‘convenor’ of the 'pen drive story', Karthik Gowda should be traced first and brought before the people.

“Going through the conspiracies, one can doubt the intention behind the investigation because more than protecting the women victims, you are limiting the scope of the probe only to defame people,” Kumaraswamy further alleged.

He underlined that he was not trying to protect anyone. “I have said that in this case I will not protect anyone doing wrong. Stringent punishment should be given to the person involved in this crime as per the law of land."

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